Members and staff of the Independent Electoral and Boundaries Commission (IEBC) could face a fine of up to Ksh2 million, a jail term of up to five years, or both if found guilty of delaying election results, altering declared results, or conducting elections in ungazetted polling stations under a proposed law currently before Parliament.
The proposed penalties are contained in the The Election Offenses (Amendment) Bill 2024, which is due for consideration at the committee stage in the National Assembly as lawmakers push for tougher measures to safeguard the integrity of Kenya’s electoral process.
The Bill seeks to amend Section 6 of the Election Offenses Act by expanding the list of offenses that members and staff of the IEBC can commit.
Bill Expands IEBC Election Offenses
The proposed new offenses include conducting or holding an election in an ungazetted polling station, unreasonably delaying the declaration of election results, and knowingly interfering with or altering declared results.
If enacted, the amendments would significantly strengthen accountability for IEBC election officials and close what lawmakers describe as gaps in the existing law that could undermine public confidence in elections.
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Under the proposed amendments, an election official required by law to declare election results would commit an offense if they fail or unreasonably delay making the declaration.
Officials who knowingly interfere with or alter declared results, or cause another person to do so, would also be liable.
While electoral regulations require the commission to gazette polling stations, the current Election Offenses Act does not expressly make the use of an ungazetted polling station an election offense.
The amendment seeks to change that.
A conviction would attract a fine not exceeding Ksh2 million, imprisonment for up to five years, or both.
The Bill was sponsored by Aaron Cheruiyot, the Senate Majority Leader, and Stewarts Madzayo, the Senate Minority Leader, and was published in March 2024.
According to the memorandum accompanying the legislation, the amendments aim to address gaps in the current law by targeting conduct that could undermine the credibility of elections.
“Expanding the list of election offenses will help seal loopholes in the existing legal framework and provide clearer sanctions for actions that could compromise the integrity of elections,” Aaron Cheruiyot stated in a past interview.
The proposals are among electoral reform measures linked to the National Dialogue Committee’s (NADCO) recommendations, which called for changes to strengthen electoral justice and improve public confidence in election management.
Other Offenses Under the Existing Law
The proposed amendments would add to a long list of election offenses that already carry a fine of up to Ksh2 million, a jail term of up to five years, or both under the Election Offenses Act.
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Under the current law, election officials commit an offense if they wilfully fail to perform duties imposed under election laws, refuse to carry out lawful instructions issued by the electoral commission or knowingly provide false information in connection with an election.
The law also criminalizes tampering with election materials, destroying election documents, making false entries in election records, unlawfully assisting voters, influencing voters while carrying out official duties, and interfering with the secrecy of the ballot.
Election officials can also be prosecuted for falsifying election returns, knowingly certifying false results, failing to account for ballot papers entrusted to them, and using their position to favor or disadvantage a candidate or political party during an election.
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